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HomeMy WebLinkAbout02-25-25 Correspondence - Disability Rights Montana - Misleading Information from Montana's Attorney General Office, Disability Leaders to Gather in Helena, the Rhyme o…From:Disability Rights Montana - Life Beyond Compliance To:Bozeman Public Comment Subject:[EXTERNAL][MARKETING] Misleading Information from Montana"s Attorney General Office, Disability Leaders to Gather in Helena, the Rhyme o… Date:Monday, February 24, 2025 9:20:18 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Forwarded this email? Subscribe here for more Misleading Information fromMontana's Attorney General Office,Disability Leaders to Gather inHelena, the Rhyme of DisabilityHistory, & Vote No on HB 395 READ IN APP FEB 22 Get more from Kona Franks-Ongoy in the Substack app Available for iOS and Android Get the app We Will Not Tolerate Montana LIVE PRESS CONFERENCE MONDAY FEBRUARY 24, 2025 1:00PM AT 1022 CHESTNUT STREET, HELENA, MT Attorney General Austin Knudsen is a named plaintiff on an active lawsuit that seeks to abolish Section 504 of the Rehabilitation Act of 1973, a law over 50 years old that prohibits discrimination against individuals with disabilities in programs and activities that receive federal financial assistance. To make the position of Montanans with disabilities clear, this Monday a joint press conference will be held with all four of Montana’s Centers for Independent Living, The National Federation of the Blind of Montana, Disability Rights Montana, and other disability advocates from around our state. Our message? Montanans with disabilities want Attorney General Knudsen to remove himself from this lawsuit and refocus his energy to serving Montanans, of which over 25% have a disability. Mr. Knudsen, does over a quarter of your state really not matter to you? Montanans with disabilities are veterans, attorneys, teachers, medical professionals, students, family, and friends. They are born here, they contribute to our communities, fight for our country, plow our roads, build our economy, they raise grandchildren here and Montana is their home. Read the Press Release By Opal Besaw Attorney General Austin Knudsen’sIntolerance The Rhymes of History: A Poem toProtect Section 504 To those that say the past is past To those that say we're living in brand new times I'll caution you: History doesn't repeat itself But it very often rhymes You are a kindergartner With a very bright future ahead of you You like school So much that you want to become a teacher But one day, you are physically barred from entering the building How do you feel? Disappointed, outraged, downtrodden, and confused Your 5 year old self does not know those words But you do know it makes you feel sick When the principal calls you a fire hazard You are a young businessman Proud to be earning a living and contributing to your society You are proud of your corner office And your handsome paycheck Every day you have to crawl up 83 stairs on your hands and knees To reach that corner office and earn that handsome paycheck How do you feel? Humiliated, exhausted, sore and angry But you still go to work Because your job feels important How do you feel when you learn that these stories are true? Disgusted, sickened, ambivalent, unbothered, or confused How do you feel when you learn that the protagonists Are members of the largest minority in the world… People with disabilities Does your opinion change? How do you feel now? What will you do? Will you fight? Throughout history people with disabilities have fought every day Living through times when our mere existence was resistance And then, in 1973, there came a glimmer of hope, called Section 504 A single sentence Which told us our oppression was illegal But such sentences can be tricky And the truth can turn into lies They say an unjust law is no law at all The same is true of a righteous law which goes unenforced For four years our people waited to be shown that we mattered And then we said we would wait no more And there came a kind of peace And there came a kind of unity When 200 people of all races, abilities, religions and sexualities Entered a federal building And did not come out for 26 days And there came a different kind of hope Not one built of false promises Burning bright and fading like the tail of a comet But one built of power and advocacy For advocacy is an eternal flame, Just when you think the light has died There is always a small spark A spark that kept them going as they signed out the window Asking for supplies and support A spark that kept them going as they woke up to check for bed sores From too many nights of having slept on the floor A spark that kept them going as the hunger strike entered its 23rd day Because this cause was more important than food A spark that kept them going as they sat in the back of a darkened moving van On their way to Washington DC And sang Amazing Grace with one united voice A spark that kept them going as they sat in a hearing And with quaking voices made the following demand, “We want the law enforced. We want no more segregation. We will accept no more discussion of segregation.” A spark that ignited into a joyous blaze On April 28th, 1977 When they secured the rights of people with disabilities For generations to come Nearly 50 years later we continue carrying the torch of those original 200 activists But there are those who wish to douse the light of 504 Because it is too brilliant So once again we gather Because now is the time To get involved, to join the fight To stop history's terrible rhyme Vote No on HB395: Protect the Rightto Vote for Montanans withDisabilities By Christa Gabriel, DRMT Director of Public Policy The right to vote is a cornerstone of our democracy. Montana’s Constitution underscores this principle, declaring that “[a]ll elections shall be free and open, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.” Mont. Const. Art. II, § 13. The Montana Supreme Court has repeatedly recognized that this right is “clear, explicit, unequivocal,” and has been fiercely protected “since before statehood.” Despite these strong constitutional safeguards, House Bill 395 (HB395) attempts to limit the voting rights of people with disabilities, especially those receiving care at Montana's state-run psychiatric institution, Montana State Hospital (MSH), by effectively redefining MSH as a “penal institution” and drastically expanding the scope of what it means to be of “unsound mind.” This change undercuts Montana’s tradition of broad and open voting access, as originally intended by the delegates who drafted our 1972 Constitution. Here’s why Montanans should stand against HB395: The Montana Constitution withholds voting rights only from those “serving a sentence for a felony in a penal institution.” By contrast, MSH is—by statute—an inpatient mental health facility, not a penal institution. Yet HB395 removes language that explicitly states a correctional institution “is not a mental health facility,” thereby attempting to treat MSH as a prison. This flies in the face of the Constitution’s clear intent to restrict voting rights only for those actually incarcerated in prison. HB395 adds a definition of “unsound mind” so expansive that it threatens to ensnare many people with disabilities—not just current MSH patients. Under this bill, anyone deemed “incapable of normally managing affairs in a reasonable manner” may lose the right to vote, even if their situation involves a non-criminal civil commitment, a Turning a Hospital into a Prison Broad, Unworkable “Unsound Mind”Definition combat-related impairment rating for veterans, eligibility for Developmental Disability Services, or early-stage Alzheimer’s or dementia. HB395’s vague criteria risk sweeping far too many Montanans into disenfranchisement. HB395 is an overreaction to an already pending lawsuit. Passing it would likely trigger yet another costly court battle and could generate many more lawsuits against county election officials who cancel citizens votes or registrations under this bill. Under current law and the Montana Constitution, patients at the Montana State Hospital do not automatically lose their right to vote. But HB395 fails to provide any mechanism for non-MSH patients who lose the right to vote under its broad definition of “unsound mind” to get their right to vote back or even challenge the determination that they are “of unsound mind.” These Montanans would have no clear legal route to reestablish their voting eligibility—contrary to both the Montana Constitution and basic fairness. The law places the burden on voters to hire a lawyer to secure their right to vote in court. HB395 is an overreaction to an already pending lawsuit. Passing it would likely trigger yet another costly court battle and could generate many more lawsuits against county election officials who cancel citizens votes or registrations under this bill. The Montana Constitution and its delegates’ clear statements in 1972 would guide courts to strike down attempts at sweeping disenfranchisement. Instead of saddling taxpayers with more litigation, the Legislature should allow the current legal process to unfold before attempting to craft legislative reforms. The Montana Constitution provides that “[p]ersons committed to . . . institutions shall No Path to Restore Voting Rights Exposing Taxpayers to More Lawsuits Upholding Constitutional Promises retain all rights except those necessarily suspended as a condition of commitment.” Mont. Const. Art. XII, § 3(2). This includes the right to vote. Additionally, the Constitution’s framers aimed for an inclusive democracy—“to ensure that as many people as possible vote for the people who represent them.” HB395 stands in clear conflict with these guiding principles and requirements. By voting No on HB395, Montanans will safeguard the fundamental right to vote for people with disabilities and uphold the spirit of our state’s Constitution. Let’s protect our most cherished democratic right and ensure Montana’s elections remain free, open, and reflective of all our citizens’ voices. Like making phone calls? You can call the Legislative Information Desk, and they can take a message for individual legislators and deliver them on your behalf. Call 406-444-4800. Message a legislator online Have internet access but don’t know how to send a message to a legislator online? Watch this video to learn how to engage with your elected official on this issue. Thank you for taking the time to read our newsletter. We hope these updates Message House Committee Members and tellthem to VOTE NO on HB 395 during ThirdReading Messaging Option 1 - Phone Messaging Option 2 - Online Let’s Stay Connected, grab a Coffee,and Change the World empower you to stay informed, engaged, and active toward actualizing true inclusion of people with disabilities. Please share this newsletter with friends, colleagues, and anyone else interested in disability justice and living beyond compliance. Let’s keep pushing for a more inclusive and equitable Montana—together! Share Life Beyond Compliance For questions, comments, or to get involved, just reply to this email or visit our website: disabilityrightsmt.org. Me ka mahalo, Kona Franks-Ongoy Director of Communications Disability Rights Montana You're currently a free subscriber to Life Beyond Compliance. For the full experience, upgrade your subscription. 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